>> Monday, June 13, 2016

Case
filed to stop assumption to office

By Gina
Dizon

BONTOC, Mountain Province – A petition was
filed last week with the Commission on Elections for annulment of proceedings
of the proclamation declaring Kathy Jyll Mayaen-Luis as
governor of Mountain Province by the Provincial Board of Canvassers.

Petitioner and
registered voter Thomas Tawagen said this was in support to a
petition filed by the Comelec law department annulling the proclamation
of Mayaen-Luis as governor.

In said petition
filed at the Comelec June 7, Tawagen claimed proceedings proclaiming Mayaen
–Luis was invalid because her certificate of candidacy
was denied by Comelec.

Comelec denied
the certificate of candidacy of Mayaen-Luis as substitute –candidate for her
father, the late governor Leonard Mayaen who died March
31,2016 before the May 9 elections.

Said COC was admitted
by Provincial Election Supervisor Elenita Tabangin -Capuyan
May 5 but was denied by Comelec May 7.

Mayaen-Luis was
proclaimed night of May 10,2016 by the PBC headed by Tabangin-Capuyan.

Comelec regional
director EderlinoTabilas earlier said in Baguio the proclamation of Mayaen-Luis
stands unless the Comelec central office makes a ruling on the matter.

The PBC in
their certificate of canvass of votes and proclamation of winning
candidate of Provincial governor proclaimed Leonard Mayaen who
garnered 60,664 votes as winning candidate May 11 with no inserted
statement citing Mayaen-Luis as the substitute candidate.

The same
PBC proclaimed Mayaen-Luis as governor by raising her
hand during the proclamation proceedings May 10.

Meantime, a petition
for quo warranto was filed by Tawagen preventing the assumption
of Mayaen-Luis as governor of Mountain Province based
on said Comelec decision citing Section 77 of the Omnibus Election Code
allowing substitution of a candidate belonging to a member of a
political p arty where a member-candidate died, incapacitated or
resigned.

Leonard Mayaen filed
his candidacy for governor of Mountain Province as an independent
candidate.

Section 19 of
Comelec Resolution 9984 provides that no substitution is
allowed for an independent candidate.

The younger
Mayaen was endorsed by the Mayaen clan to run as
substitute-candidate in place of her deceased father the late
governor Leonard Mayaen.

Provincial folks had
urged the Comelec ruling and a categorical and public announcement whether Kathy
Jill Mayaen-Luis can assume office by June 30 as provincial governor to prevent
confusion since re-electionist Vice Gov. Bonifacio Lacwasan assumed office as
governor when then Gov. Leonard Mayaen died a few weeks before the May
elections.

They called for transfer
of Tabangin-Capuyan for proclaiming
Mayaen-Luis as provincial governor.

Lacwasan earlier
filed a petition with the Comelec questioning the act of the PBC in proclaiming
Mayaen-Luis.

Legal quarters said
the electoral body could rule on the matter being a constitutional body but Tabangin-Capuyan,
who is Comelec provincial chief said the issue could reach the Supreme Court.

With this, the provincial
government created a transition team to prepare and ensure smooth turn-over of
local governance to newly-elected provincial officials on June 30.

Comelec chairman
Andres Bautista earlier said special elections for the gubernatorial post of
Mountain Province would be scheduled after the May elections even as groups
called for the transfer of Tabangin-Capuyan.

In a five-page
complaint, Salvador Liked of Bauko town also filed charges of grave abuse of
authority and acts prejudicial to the best interest of the service against Tabangin-Capuyan,
provincial prosecutor Golda Bagawi and schools division superintendent Gloria
Buya-ao.

The respondents said
they proclaimed Mayaen because there was no aggrieved party.

The older Mayaen,
whose name remained in the official ballots, got 60,684 votes.

Liked said the resolution
issued by the Comelec May 7 denied Mayaen’s petition.

“The illegal
acts of the respondents… constitute a gross disregard of the highest order of
morality in the civil service which is also punishable under provisions of RA
6713 or the Code of Conduct and Ethical Standards for Public Officials and
Employees,” the complaint stated.

At press time, Cordillera
assistant regional Comelec director Vanessa Rongcal said in Baguio they have
yet to receive communications from their main office on whether Mayaen-Luis
could sit as provincial governor by June 30 considering the Comelec en banc earlier
decided she could not run as provincial governor.

She said they have
yet to wait for such communication before they can act on the matter.